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r/title-6-DOMESTIC-SECURITY wiki — defined terms

The statute’s own glossary: every term Title 6 defines, in section order.

American homeland applies throughout its chapter

the terms “American homeland” and “homeland” means the United States.;

appropriate congressional committee applies throughout its chapter

The term “appropriate congressional committee” means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.;

assets applies throughout its chapter

The term “assets” includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).;

critical infrastructure applies throughout its chapter

The term “critical infrastructure” has the meaning given that term in section 5195c(e) of title 42 .;

Department applies throughout its chapter

The term “Department” means the Department of Homeland Security.;

emergency response providers applies throughout its chapter

The term “emergency response providers” includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.;

EMP applies throughout its chapter

The term “EMP” means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.;

executive agency applies throughout its chapter

The term “executive agency” means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.;

functions applies throughout its chapter

The term “functions” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.;

GMD applies throughout its chapter

The term “GMD” means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.;

homeland applies throughout its chapter

the terms “American homeland” and “homeland” means the United States.;

intelligence component of the Department applies throughout its chapter

The term “intelligence component of the Department” means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50 , except— (A) the United States Secret Service; and (B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 1 of title 14, except that nothing in this paragraph shall affect or diminish …

key resources applies in that section

The term “key resources” means publicly or privately controlled resources essential to the minimal operations of the economy and government.;

local government applies in that section

The term “local government” means— (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity.;

major disaster applies in that section

The term “major disaster” has the meaning given in section 5122(2) of title 42 .;

personnel applies in that section

The term “personnel” means officers and employees.;

Secretary applies in that section

The term “Secretary” means the Secretary of Homeland Security.;

State applies in that section

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.;

terrorism applies in that section

The term “terrorism” means any activity that— (A) involves an act that— (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.

voluntary preparedness standards applies in that section

The term “voluntary preparedness standards” means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).

appropriate congressional committees applies in that section

the term “appropriate congressional committees” means the following: (1) The congressional defense committees. (2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

appropriate congressional committees applies in that section

the term “appropriate congressional committees” means the following: (1) The Committees on Armed Services of the House of Representatives and the Senate. (2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

customs revenue functions applies in that section

the term “customs revenue functions” means the functions described in section 212(b)(2) of this title . (c) Consultation on trade and customs revenue functions (1) Business community consultations The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have a significant impact on international trade and customs revenue functions.

comprehensive information technology network architecture applies in that section

The term “comprehensive information technology network architecture” means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.

fusion center applies in that section

the term “fusion center” means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;

information sharing environment applies in that section

the term “information sharing environment” means the information sharing environment established under section 485 of this title ;

intelligence analyst applies in that section

the term “intelligence analyst” means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;

intelligence-led policing applies in that section

the term “intelligence-led policing” means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and;

terrorism information applies in that section

the term “terrorism information” has the meaning given that term in section 485 of this title . (l) Authorization of appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.

surface transportation asset applies in that section

The term “surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1131(5) of this title ); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49 ); (C) an owner or operator of— (i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1151(4) of this title ); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary.;

targeted violence applies in that section

The term “targeted violence” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.;

terrorism applies in that section

The term “terrorism” means the terms— (A) domestic terrorism (as such term is defined in section 2331(5) of title 18 , United States Code); and (B) international terrorism (as such term is defined in section 2331(1) of title 18 ).

eligible entity applies in that section

the term “eligible entity” means— (A) a State, local, or regional fusion center; (B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary; (C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary; (D) a tribal law enforcement or other authority; or (E) such other entity as the Secretary determines is appropriate.

rural applies in that section

the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)— (1) $10,000,000 for fiscal year 2008; and (2) $5,000,000 for each of fiscal years 2009 through 2013.

appropriate congressional committees applies in that section

The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives. (2) The term “budget”, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31 .;

correctional facility applies in that section

The term “correctional facility” means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.;

covered facility or asset applies in that section

The term “covered facility or asset” means any facility or asset that— (A) is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section (except that in the case of the missions described in subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft activity); (B) is located in the United States (including the …

critical infrastructure applies in that section

The term “critical infrastructure” has the meaning given the term in subsection (e) of section 5195c of title 42 . (m) Department of Homeland Security assessment (1) Report Not later than 1 year after October 5, 2018 , the Secretary shall conduct, in coordination with the Attorney General and the Secretary of Transportation, an assessment to the appropriate congressional committees, including— (A) an evaluation of the threat from unmanned aircraft systems to United States critical infrastructure (as defined in this chapter) and to domestic large hub airports (as defined in section 40102 of title 49 ); (B) an evaluation of current Federal and 8 State, local, territorial, or tribal law …

electronic communication applies in that section

The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 6 given those terms in section 2510 of title 18 . (5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year. (6) (A) For purposes of subsection (a)(1),

intercept applies in that section

The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 6 given those terms in section 2510 of title 18 . (5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year. (6) (A) For purposes of subsection (a)(1),

oral communication applies in that section

The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 6 given those terms in section 2510 of title 18 . (5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year. (6) (A) For purposes of subsection (a)(1),

personnel applies in that section

the term “personnel” means officers, employees, contractors, detailed personnel, and deputized personnel who perform Federal law enforcement, correctional, homeland or national security duties. (B) For purposes of subsection (a)(2),

risk-based assessment applies in that section

the term “risk-based assessment” includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors: (A) Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology …

unmanned aircraft applies in that section

The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801, 7 of title 49. (8) For purposes of this section,

unmanned aircraft system applies in that section

The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801, 7 of title 49. (8) For purposes of this section,

wire communication applies in that section

The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meaning 6 given those terms in section 2510 of title 18 . (5) The term “homeland security or justice budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year. (6) (A) For purposes of subsection (a)(1),

unmanned aircraft applies in that section

the term “unmanned aircraft” has the meaning given the term in section 44801 of title 49 . (b) Omitted (c) Increased penalties for operation of unmanned aircraft to facilitate felony offense If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.

intelligence component of the Department applies in that section

the term “intelligence component of the Department” has the meaning given that term in section 101 of this title .

appropriate congressional committee applies in that section

The terms “appropriate congressional committee” and “homeland” have the meaning given those terms in section 101 of this title . (2) Homeland security information

homeland applies in that section

The terms “appropriate congressional committee” and “homeland” have the meaning given those terms in section 101 of this title . (2) Homeland security information

homeland security information applies in that section

The term “homeland security information” has the meaning given such term in section 482 of this title . (3) National intelligence

national intelligence applies in that section

The term “national intelligence” has the meaning given such term in section 3003(5) of title 50 . (4) Terrorism information

terrorism information applies in that section

The term “terrorism information” has the meaning given such term in section 485 of this title .

law enforcement technology applies throughout its subchapter

the term “law enforcement technology” includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.

Fund applies in that section

The term “Fund” means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c). (2) Homeland security research

homeland security research applies in that section

The term “homeland security research” means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism. (3) HSARPA

HSARPA applies in that section

The term “HSARPA” means the Homeland Security Advanced Research Projects Agency established in subsection (b). (4) Under Secretary

Under Secretary applies in that section

The term “Under Secretary” means the Under Secretary for Science and Technology. (b) Homeland Security Advanced Research Projects Agency (1) Establishment There is established the Homeland Security Advanced Research Projects Agency. (2) Director HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary. (3) Responsibilities The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities.

country of concern applies in that section

The term “country of concern” means a country that— (i) is a covered nation, as such term is defined in section 4872(d) of title 10 ; or (ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States. (B) Nonprofit organization; small business firm; subject invention

domestic end product applies in that section

The term “domestic end product” has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto. (3) 1 Waivers (A) In general Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

manufactured substantially in the United States applies in that section

The term “manufactured substantially in the United States” means an item is a domestic end product. (D) Domestic end product

nonprofit organization applies in that section

The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in section 201 of title 35 . (C) Manufactured substantially in the United States

small business firm applies in that section

The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in section 201 of title 35 . (C) Manufactured substantially in the United States

subject invention applies in that section

The terms “nonprofit organization”, “small business firm”, and “subject invention” have the meanings given such terms in section 201 of title 35 . (C) Manufactured substantially in the United States

emergency response providers applies in that section

The term “emergency response providers” has the meaning that term has under section 101 of this title . (h) Omitted (i) Sense of Congress regarding interoperable communications (1) Finding The Congress finds that— (A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and (B) their inability to do so threatens the public’s safety and may result in unnecessary loss of lives and property.

interoperable communications applies in that section

The term “interoperable communications” means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary. (2) Emergency response providers

biological agent applies in that section

The terms “biological agent” and “toxin” have the meanings given those terms in section 178 of title 18 .;

biological event of national concern applies in that section

The term “biological event of national concern” means— (A) an act of terrorism involving a biological agent or toxin; or (B) a naturally occurring outbreak of an infectious disease that may result in a national epidemic.;

homeland security information applies in that section

The term “homeland security information” has the meaning given that term in section 482 of this title .;

Member Agency applies in that section

The term “Member Agency” means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC.;

Privacy Officer applies in that section

The term “Privacy Officer” means the Privacy Officer appointed under section 142 of this title .

toxin applies in that section

The terms “biological agent” and “toxin” have the meanings given those terms in section 178 of title 18 .;

Director applies in that section

The term “Director” means the Director selected under subsection (b)(2). (2) International cooperative activity

international cooperative activity applies in that section

The term “international cooperative activity” includes— (A) coordinated research projects, joint research projects, or joint ventures; (B) joint studies or technical demonstrations; (C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; (D) training of scientists and engineers; (E) visits and exchanges of scientists, engineers, or other appropriate personnel; (F) exchanges or sharing of scientific and technological information; and (G) joint use of laboratory facilities and equipment.

all appropriate details applies in that section

The term “all appropriate details” means, with respect to a research and development project— (A) the name of such project, including both classified and unclassified names if applicable; (B) the name of the component of the Department carrying out such project; (C) an abstract or summary of such project; (D) funding levels for such project; (E) project duration or timeline; (F) the name of each contractor, grantee, or cooperative agreement partner involved in such project; (G) expected objectives and milestones for such project; and (H) to the maximum extent practicable, relevant literature and patents that are associated with such project. (2) Classified

classified applies in that section

The term “classified” means anything containing— (A) classified national security information as defined in section 6.1 of Executive Order 13526 ( 50 U.S.C. 3161 note) or any successor order; (B) Restricted Data or data that was formerly Restricted Data, as defined in section 2014(y) of title 42 ; (C) material classified at the Sensitive Compartmented Information (SCI) level, as defined in section 3345 of title 50 ; or (D) information relating to a special access program, as defined in section 6.1 of Executive Order 13526 ( 50 U.S.C. 3161 note) or any successor order. (3) Controlled unclassified information

controlled unclassified information applies in that section

The term “controlled unclassified information” means information described as “Controlled Unclassified Information” under Executive Order 13556 ( 50 U.S.C. 3501 note) 1 or any successor order. (4) Project

project applies in that section

The term “project” means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated. (e) Limitation Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title .

appropriate congressional committees applies in that section

The term “appropriate congressional committees” means— (i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science, Space and Technology of the House of Representatives.;

prepare applies in that section

The terms “prepare” and “preparedness” mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs.;

preparedness applies in that section

The terms “prepare” and “preparedness” mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs.;

Sector Risk Management Agency applies in that section

The term “Sector Risk Management Agency” has the meaning given that term in section 650 of this title . (e) Rule of construction Nothing in this section may be construe— 1 (1) to affect in any manner the authority of the executive branch to implement Executive Order 13865, dated March 26, 2019 , and entitled “Coordinating National Resilience to Electromagnetic Pulses”, or any other authority existing on the day before December 20, 2019 , of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector Risk Management Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act ( 6 …

commercial operations applies in that section

the terms “commercial operations”, “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of title 19 .

customs and trade laws of the United States applies in that section

the terms “commercial operations”, “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of title 19 .

short-term detention applies in that section

the term “short-term detention” means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence. (4) Daytime repatriation When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence.

trade enforcement applies in that section

the terms “commercial operations”, “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of title 19 .

trade facilitation applies in that section

the terms “commercial operations”, “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of title 19 .

customs revenue function applies throughout its part

the term “customs revenue function” means the following: (1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment. (2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties. (3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.

customs revenue services applies in that section

the term “customs revenue services” means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title .

trusted traveler program applies in that section

the term “trusted traveler program” means a voluntary program of the Department that allows U.S. Customs and Border Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States.

methamphetamine precursor chemicals applies in that section

the term “methamphetamine precursor chemicals” means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.

appropriate congressional committees applies in that section

The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Consequence Delivery System

Consequence Delivery System applies in that section

The term “Consequence Delivery System” means the series of consequences applied by U.S. Border Patrol in collaboration with other Federal agencies to persons unlawfully entering the United States, in order to prevent unlawful border crossing recidivism. (3) Got away

got away applies in that section

The term “got away” means an unlawful border crosser who— (A) is directly or indirectly observed making an unlawful entry into the United States; (B) is not apprehended; and (C) is not a turn back. (4) Known maritime migrant flow

known maritime migrant flow applies in that section

The term “known maritime migrant flow” means the sum of the number of undocumented migrants— (A) interdicted in the waters over which the United States has jurisdiction; (B) identified at sea either directly or indirectly, but not interdicted; (C) if not described in subparagraph (A) or (B), who were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border. (5) Major violator

major violator applies in that section

The term “major violator” means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including the following: (A) Possession of illicit drugs. (B) Smuggling of prohibited products. (C) Human smuggling. (D) Possession of illegal weapons. (E) Use of fraudulent documents. (F) Any other offense that is serious enough to result in an arrest. (6) Secretary

situational awareness applies in that section

The term “situational awareness” means knowledge and understanding of current unlawful cross-border activity, including the following: (A) Threats and trends concerning illicit trafficking and unlawful crossings. (B) The ability to forecast future shifts in such threats and trends. (C) The ability to evaluate such threats and trends at a level sufficient to create actionable plans. (D) The operational capability to conduct persistent and integrated surveillance of the international borders of the United States. (8) Transit zone

the Secretary applies in that section

The term “the Secretary” means the Secretary of Homeland Security. (7) Situational awareness

transit zone applies in that section

The term “transit zone” means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States. (9) Turn back

turn back applies in that section

The term “turn back” means an unlawful border crosser who, after making an unlawful entry into the United States, responds to United States enforcement efforts by returning promptly to the country from which such crosser entered. (10) Unlawful border crossing effectiveness rate

unlawful border crossing effectiveness rate applies in that section

The term “unlawful border crossing effectiveness rate” means the percentage that results from dividing the number of apprehensions and turn backs by the sum of the number of apprehensions, estimated undetected unlawful entries, turn backs, and got aways. (11) Unlawful entry

unlawful entry applies in that section

The term “unlawful entry” means an unlawful border crosser who enters the United States and is not apprehended by a border security component of the Department of Homeland Security. (b) Metrics for securing the border between ports of entry (1) In general Not later than 180 days after December 23, 2016 , the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry.

affected agency applies in that section

the term “affected agency” means— (1) the Department; (2) the Department of Agriculture; (3) the Department of Health and Human Services; and (4) any other department or agency determined to be appropriate by the Secretary.

human trafficking applies in that section

the term “human trafficking” means an act or practice described in paragraph (9) or (10) 1 of section 7102 of title 22 . (b) Establishment There is established within the Department a program, which shall be known as the “Blue Campaign”. The Blue Campaign shall be headed by a Director, who shall be appointed by the Secretary. (c) Purpose The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking.

victim applies in that section

The term “victim” has the meaning given such term in section 20141(e)(2) of title 34 . (3) Victim assistance specialist The term “victim assistance specialist” is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (C) may have experience working with local government and community-based organizations, including victim advocacy centers, child advocacy centers, child welfare agencies, faith-based organizations, and other social service programs.

placement applies in that section

the term “placement” means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and;

unaccompanied alien child applies in that section

the term “unaccompanied alien child” means a child who— (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom— (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

covered entity applies in that section

the term “covered entity” means— (A) the Immigration and Naturalization Service; (B) the Bureau of Border Security of the Department of Homeland Security; and (C) the Bureau of Citizenship and Immigration Services of the Department of Homeland Security; and;

employee applies in that section

the term “employee” means an employee (as defined by section 2105 of title 5 ) who— (A) has completed at least 3 years of current continuous service with 1 or more covered entities; and (B) is serving under an appointment without time limitation, but does not include any person under subparagraphs (A)–(G) of section 663(a)(2) of Public Law 104–208 ( 5 U.S.C. 5597 note);

final basic pay applies in that section

the term “final basic pay” means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

transfer date applies in that section

the term “transfer date” means the date on which the transfer of functions specified under section 251 of this title takes effect. (b) Strategic restructuring plan Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include— (1) an organizational chart depicting the covered entities after their restructuring pursuant to this chapter; (2) a summary description of how the authority under this section will be used to help carry out that restructuring; and (3) the information specified in section …

covered entity applies in that section

the term “covered entity” has the meaning given such term in section 292(a)(2) of this title .

donor applies throughout its part

The term “donor” means any entity that is proposing to make a donation under this chapter. (2) Entity

entity applies throughout its part

The term “entity” means any— (A) person; (B) partnership, corporation, trust, estate, cooperative, association, or any other organized group of persons; (C) Federal, State or local government (including any subdivision, agency or instrumentality thereof); or (D) any other private or governmental entity.

Administrator applies throughout its subchapter

the term “Administrator” means the Administrator of the Agency;

Agency applies throughout its subchapter

the term “Agency” means the Federal Emergency Management Agency;

catastrophic incident applies throughout its subchapter

the term “catastrophic incident” means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;

credentialed applies throughout its subchapter

the terms “credentialed” and “credentialing” mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section 320 of this title ;

credentialing applies throughout its subchapter

the terms “credentialed” and “credentialing” mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section 320 of this title ;

Federal coordinating officer applies throughout its subchapter

the term “Federal coordinating officer” means a Federal coordinating officer as described in section 5143 of title 42 ;

interoperable applies throughout its subchapter

the term “interoperable” has the meaning given the term “interoperable communications” under section 194(g)(1) of this title ;

National Incident Management System applies throughout its subchapter

the term “National Incident Management System” means a system to enable effective, efficient, and collaborative incident management;

National Response Plan applies throughout its subchapter

the term “National Response Plan” means the National Response Plan or any successor plan prepared under section 314(a)(6) 1 of this title;

Regional Administrator applies throughout its subchapter

the term “Regional Administrator” means a Regional Administrator appointed under section 317 of this title ;

Regional Office applies throughout its subchapter

the term “Regional Office” means a Regional Office established under section 317 of this title ;

resources applies throughout its subchapter

the term “resources” means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster;

surge capacity applies throughout its subchapter

the term “surge capacity” means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic incident;

tribal government applies throughout its subchapter

the term “tribal government” means the government of any entity described in section 101(13)(B) of this title ; and;

typed applies throughout its subchapter

the terms “typed” and “typing” mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 320 of this title .

typing applies throughout its subchapter

the terms “typed” and “typing” mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 320 of this title .

Nuclear Incident Response Team applies throughout its subchapter

the term “Nuclear Incident Response Team” means a resource that includes— (1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and (2) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.

National Infrastructure Simulation and Analysis Center applies in that section

the term “National Infrastructure Simulation and Analysis Center” means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42 . (b) Authority (1) In general There is in the Department the National Infrastructure Simulation and Analysis Center which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to— (A) counterterrorism, threat assessment, and risk mitigation; and (B) a natural disaster, act of terrorism, or other man-made disaster.

situational awareness applies in that section

the term “situational awareness” means information gathered from a variety of sources that, when communicated to emergency managers, decision makers, and other appropriate officials, can form the basis for incident management decisionmaking and steady-state activity.

special reserve fund applies in that section

the term “special reserve fund” means the “Biodefense Countermeasures” appropriations account or any other appropriation made under subsection (a). (c) Availability Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only upon the approval by the President of such availability for the procurement in accordance with paragraph (6)(B) of such program.

disadvantaged business concern applies in that section

The term “disadvantaged business concern” means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 124 of title 13 , United States Code of Federal Regulations. (E) Treatment of other certifications At the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification.

Administrator applies in that section

the term “Administrator” means the Administrator of the Agency;

Agency applies in that section

the term “Agency” means the Federal Emergency Management Agency;

appropriate congressional committees applies in that section

the term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Committee on Homeland Security of the House of Representatives;

public alert and warning system applies in that section

the term “public alert and warning system” means the integrated public alert and warning system of the United States described in section 321 o of this title;

Secretary applies in that section

the term “Secretary” means the Secretary of Homeland Security; and;

State applies in that section

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

agency applies in that section

The term “agency” has the meaning given the term in section 551 of title 5 .;

economic sector applies in that section

The term “economic sector” means a sector of the economy of the United States.;

relevant actor applies in that section

The term “relevant actor” means— (A) the Federal Government; (B) a State, local, or Tribal government; or (C) the private sector.;

significant event applies in that section

The term “significant event” means an event that causes severe degradation to economic activity in the United States due to— (A) a cyber attack; or (B) another significant event that is natural or human-caused.;

State applies in that section

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

component head applies in that section

The term “component head” means the head of any component of the Department with a vehicle fleet. (B) Excess vehicle

excess vehicle applies in that section

The term “excess vehicle” means any vehicle that is not essential to support mission requirements of a component. (C) Optimal fleet size

interoperable communications applies in that section

the term “interoperable communications” has the meaning given that term in section 194(g) of this title .

optimal fleet size applies in that section

The term “optimal fleet size” means, with respect to a particular component, the appropriate number of vehicles to support mission requirements of such component. (D) Vehicle fleet